Saunders

MEMORANDUM **

Appellant Steven Saunders instituted this negligence action against Appellee Harsco Corporation. The district court granted summary judgment for Harsco based on its conclusion that Harsco was statutorily immune from liability under the Nevada Industrial Insurance Act (“NIIA”). Nev.Rev.Stat. § 616B.612(1). We vacate and remand.

The Nevada Supreme Court recently clarified that where NIIA immunity is claimed, the threshold question is whether the injury arose out of “a project executed within the scope of a [Nevada] licensed contractor’s license.” Richards v. Republic Silver State Disposal, Inc., 148 P.3d 684, 689 (Nev.2006). If the principal contractor is not so licensed, then the inquiry becomes whether the principal and subcontractor are in “the same trade, business, profession or occupation.” Nev.Rev.Stat. .§ 616B.603(l)(b); Richards, 148 P.3d at 688 . Under Meers, the question is whether the work performed by the subcontractor is something that is “normally” done by the principal’s employees in the course of its regular business. Meers v. Haughton Elevator, 101 Nev. 283 , 701 P.2d 1006, 1007 (1985); Tucker v. Action Equip. & Scaffold Co., 113 Nev. 1349 , 951 P.2d…